Aside from the aforementioned virtues of protecting user privacy and securing sensitive information, a consistent national standard would also reduce companies’ compliance costs and avoid the inefficiencies associated with individual U.S. It should come as no surprise that there is growing bipartisan agreement about the need for a federal data privacy framework with clear standards for the collection, processing, and sharing of personal data. citizens, regardless of where they are incorporated. Thus, the need for stronger data protection applies not just to companies like TikTok but to all companies that process information on U.S. companies routinely collect and share user data much more widely than consumers often realize. Actors in Russia, North Korea, and other countries have engaged in similar exploits. That Equifax and Anthem are headquartered in the United States did not prevent Chinese hackers from pilfering their data. Just as the cybersecurity risks associated with Huawei’s participation in the buildout of 5G networks are broader than the company itself, risks related to the compromise of personal information and other sensitive data are by no means limited to the activities of Chinese companies. The attempted forced sale of TikTok and the effort to exclude Huawei from 5G networks provide real-time case studies in how Washington is currently articulating and navigating these questions. data environment for purposes that threaten national security, commercial interests, or political values such as human rights and democratic integrity. Although popular perceptions of China’s legal-policy landscape can be exaggerated, it’s entirely legitimate to be concerned that Chinese companies might become vehicles that exploit the relatively open U.S. market, American policymakers have good reason to view these technological risks through a lens that focuses on Beijing’s declared strategic ambitions, its ongoing campaigns of global cyberespionage, and weak legal constraints on the Chinese Communist Party’s coercive power over domestic technology companies, among other factors. With major Chinese technology companies expanding into the U.S. Taken together, these factors inevitably blur the lines between economic and national security interests and between privacy and security. National economies and defense institutions increasingly rely on these strategic technologies to perform critical functions. These technologies serve as building blocks for applications or other end-use technologies built upon them, so controlling their use has an impact on a wide array of tools and actors. Strategic technologies such as artificial intelligence are driven by the data that feeds algorithmic development, and AI and related technologies are tools with inherently dual-use (civilian and military) applications. officials to treat data privacy as a matter of national security: the nature of new technologies like artificial intelligence, and concerns about the technology policies of rival powers, most notably the Chinese party-state. Data privacy as a national security issue responses to malicious cyber activity, and reforming certain surveillance procedures to address the concerns of American allies and trading partners. data security while retaining the openness required for innovation and competitive strength, the Biden administration will also need to prioritize cybersecurity liability reform, bolstering U.S. security and addressing differences between the United States and other countries-particularly America’s European allies-in their approaches to data governance. But such a law is only a first step toward advancing U.S. government to answer difficult questions about the American relationship with China. national security, it’s important to recognize what privacy legislation would and would not accomplish on its own-and why additional steps are needed.Ī federal privacy law would provide consumers with overdue protections and establish a more consistent framework for the U.S. When it comes to strengthening privacy, digital trade, and U.S. Yet concerns about China and national security are only two of several reasons for the United States to enact such legislation. markets and ever more data on American citizens, many observers have argued that federal privacy legislation has become a national-security imperative. As Chinese companies like TikTok gain access to U.S.
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